BHUPAT KARSH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/applicants have moved this first bail application under Sec. 483 of BNSS, 2023, for releasing them on regular bail during trial in connection with Crime No. 09/2026 registered at Police Station Balko Nagar, District Korba (C.G.) for the offence punishable under Sec. 65(2) of BNS and Sec. 4 of POCSO Act, 2012.

(2.) The case of the prosecution in short is that the mother of the prosecutrix lodged a report on 03 01.2026 at the concerned Police Station to the effect that on 1/1/2026, her daughter told her that the applicant had removed her clothes and touched her body and private parts. Based on the said report, the police registered the offence against the applicant leading to his arrest.

(3.) Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in the case. He further submits that there is a delay of 1 day in lodging the FIR. He next submits that the prosecution has failed to prove its case beyond reasonable doubt and there are contradictions in the statements of prosecution witnesses recorded before the Police. The applicant is a 53-year-old person and there is previous enmity between both the families; therefore, the present applicant has been falsely implicated in the crime in question. He further submits that the applicant has no criminal antecedents and has been in jail since 3/1/2026. Given that there is no likelihood of the case being decided in the near future, the applicant may be released on bail.